Request for Proposal Defined Contribution Consultant 2017

Transcription

1 Request for Proposal Defined Contribution Consultant 2017

2 TABLE OF CONTENTS SECTION I: 3 General Information Introduction Background SECTION II:... 4 Request for Proposal Objective Purpose of Request for Proposal Issuing Officer and Contacts SECTION III:..5 Qualifications and Information Requested Scope of Services Minimum Qualifications Legislative Considerations Diversity Disclosure Requirements Contract Negotiating and Awarding SECTION IV:...9 Submission of Proposal and Selection Process Schedule Submission Process SECTION V: 10 Illinois Freedom of Information Act Disclosure, Communications and Evaluation Process FOIA Disclosure Communications Evaluation Process Proposal Evaluation Terms and Conditions SECTION VI: 13 Definitions and Appendices Definitions under Illinois Law Additional Attachments: APPENDIX A: Minimum Requirements Certification APPENDIX B-1: Diversity Profile APPENDIX B-2: Compensation and Economic Opportunity Disclosures APPENDIX C: Defined Contribution Consulting Services Questionnaire APPENDIX D: Fee Proposal APPENDIX E: SURS Investment Information Page 2 of 14

3 SECTION I: GENERAL INFORMATION 1. Introduction: REQUEST FOR PROPOSAL The State Universities Retirement System ( SURS or the System ) is requesting proposals from investment consulting firms to provide defined contribution consulting services to SURS Investment Staff and Board of Trustees. This is a non-discretionary, full-retainer mandate. SURS will retain discretion over all manager/fund selection decisions. Respondents to this RFP are encouraged to describe ways in which they believe their firm s capabilities are unique and add compelling value. This search was authorized by the Board of Trustees and seeks to identify potential defined contribution investment consultants. The consultant will report to the Board of Trustees and will also be required to work with and provide assistance to the SURS investment staff. It is anticipated that SURS will enter into a five (5) year contract with the consultant, in accordance with the provisions of section of the Illinois Pension Code (40 ILCS 5/ ). 2. Background: Created in 1941, SURS exists as a body politic and corporate created under Article 15 of the Illinois Pension Code. SURS is governed by a board of trustees in accordance with Illinois Law. The SURS Board of Trustees currently consists of six (6) elected and five (5) appointed members, including the chair of the Illinois Board of Higher Education, who also serves as the chair of the SURS Board of Trustees. The SURS Board of Trustees delegates their authority to the Executive Director and nearly 130 full-time staff in administering the provisions of Articles 1, 15 and 20 of the Illinois Pension Code (40 ILCS 5). Administrative functions performed by SURS Staff include processing retirement, survivor, disability and death benefits for more than 230,000 members who have current or previous employment with 61 higher education entities in Illinois. Located in Champaign, Illinois SURS offices are roughly 130 miles south of Chicago, 125 miles west of Indianapolis, and 85 miles east of Springfield. Additional information regarding SURS can be obtained at Defined Contribution Plan Investment Program SURS is the plan sponsor and administrator of a defined contribution plan established as of January 1, 1998, by the Illinois General Assembly as an amendment to the Illinois Pension Code through Illinois Public Act This plan is referred to as the Self-Managed Plan (SMP) and is offered to employees of all SURS employers who elect to participate. This plan is a qualified money purchase pension plan under section 401(a) of the Internal Revenue Code. The assets of the SMP are maintained under a trust administered by the SURS Board of Trustees in accordance with the Illinois Pension Code, and are made up of the account balances of individual members. The SMP plan is a core retirement option for members that elect to participate, as they do not pay into social security. SMP members who are entitled to receive health insurance benefits in retirement, and wish to do so, must use all of their account balance to buy a lifetime annuity contract. The lifetime annuity contract requirement creates a need for SURS to provide investment options for members that focus on retirement income, in addition to the wealth accumulation. Page 3 of 14

4 Recently, Senate Bill 42 created an optional DB/DC Hybrid plan for new participants of SURS and allows current Tier II participants in the defined benefit plan to irrevocably elect to participate in the optional hybrid plan. The optional hybrid plan does not apply to participants in the existing SMP plan. The new hybrid plan will be the default option for new SURS members. It is anticipated that assets in the new hybrid plan will accumulate rapidly because it will be the new default option for participants and also because of the attractiveness of the plan for higher income members. The implementation date of the optional hybrid plan is the earliest date upon which the SURS Board of Trustees authorizes members of SURS to begin participating in the optional hybrid plan following IRS approval. In addition to providing advice on the existing SMP, the defined contribution consultant will assist with plan design for the new hybrid plan. As of June 30, 2017, the SMP plan assets totaled approximately $2.1 billion across two service providers, Fidelity Investments and TIAA. SURS is responsible for overseeing the operation of the SMP and selects the providers and negotiates management fees for all funds in the SMP. SURS is required to have multiple service providers in the SMP program. Please see Appendix E for additional information. SECTION II: REQUEST FOR PROPOSAL OBJECTIVE 1. Purpose of Request for Proposal SURS is requesting information from qualified firms to provide defined contribution consult services. SURS will consider the following in making its decision: Organization Resources Experience Service Team Thought Leadership Commitment to Diversity Independence Fees 2. Issuing Officer, Contacts and Lobbying SURS is issuing this RFP. The Issuing Officer identified below is the sole point of contact regarding this RFP. Contact with any other employee of SURS, members of the Board of Trustees, or state officials is not permitted with respect to this RFP. The prohibition includes, but is not limited to, any lobbying efforts directed at state legislators or any state officer or employee who might reasonably be considered to have influence over the process and final outcome. The Issuing Officer for this RFP is: Doug Wesley Chief Investment Officer SURS invest@surs.org Page 4 of 14

5 Additional information regarding Submission of responses to this RFP is set forth in Section IV below under the heading Submission of Proposal and Selection Process SECTION III: SCOPE, QUALIFICATIONS AND INFORMATION REQUESTED 1. Scope of Services Defined Contribution Consulting 1. Assist SURS to construct and maintain a defined contribution investment program that is best in class for US public pension system; 2. Provide recommendations for and assist in the implementation and enhancement of new and existing plan structure(s); 3. Provide quarterly performance reporting; 4. Prepare an annual review of the investment program including development of important strategic and policy-related recommendations; 5. Assist with drafting RFPs for defined contribution vendors; 6. Identify and screen candidates and recommend top choices, with pros and cons; 7. Support staff in the selection, retention, and ongoing monitoring of vendors and investment products consistent with the investment program and system goals; 8. Provide defined contribution marketplace research, new product education for board and staff, and provide general board education as requested/agreed; 9. Provide assistance in contract review and negotiation, including necessary amendments 10. Review investment policy and suggest revisions; 11. Attend investment committee meetings when defined contribution items are being discussed; 12. Attend other staff and/or Board meetings upon request; 13. Provide staff support as required/agreed; 14. Provide assistance on special projects upon request, and 15. Provide other services as required by SURS. 2. Minimum Qualifications Failure to satisfy each of the minimum qualifications will result in the immediate rejection of the proposal. The responder must address each of the qualifications substantiating how the responder satisfies each of the minimum qualifications. The responses must contain sufficient information as prescribed to assure SURS of its accuracy. Failure to provide complete information will result in rejection of the proposal. The Proposer must certify in writing on the Minimum Qualifications Certification (Appendix A) that it meets all of the minimum qualifications and must be signed by an individual who is authorized to bind the Proposer contractually. 1. The responder s key professionals and/or organization must not have material conflicts of interest with the SURS Board, its custodian, or its investment managers. 2. The responder must be willing to enter into a most favored nation clause certifying that the fees, costs, or pricing charged to SURS do not exceed the fees, costs, or pricing charged by the responder to any of its clients for the same or similar level of services. Page 5 of 14

6 3. Proposing firm must be an investment consulting firm registered as an investment adviser under the Investment Advisers Act of The firm will promptly advise SURS if it, at any time, is not so registered. The firm must submit its full Form ADV (Parts I and II). 4. Proposing firm must agree to serve as a fiduciary to the Fund within the meaning of Illinois legislation and to act in accordance with all requirements and standards of conduct applicable to fiduciaries. 5. Responder and its proposed team must have all authorizations, permits, licenses and certifications required by federal and state laws and regulations to perform the services specified in this RFP at the time responder submits a response to the RFP. Responder s audited financial statements must be made available for review. 6. Responder will comply with all legislation, applicable State fiduciary, ethics, and diversity laws, including any additional disclosure requirements. 7. As of June 30, 2017, and for at least the five (5) most recent continuous years, the firm must have a verifiable operating history with at least three (3) institutional fund clients with similar size, complexity and asset mix to SURS. Qualified Women, Minority, or Disabled Owned Businesses are exempt from this requirement and will be evaluated for further consideration at SURS discretion. 8. As of June 30, 2017, the primary contact dedicated to the SURS contract must have at least ten (10) years of experience in providing consulting services to institutional fund clients. Qualified Women, Minority, or Disabled Owned Businesses are exempt from this requirement and will be evaluated for further consideration at SURS discretion. SURS retains the sole right to decide whether any responder is qualified to bid, including determining whether any responder s qualifications are sufficiently comparable to satisfy all of the above minimum qualifications. 3. Legislative Considerations The Illinois Governmental Ethics Act, 40 ILCS 420, provides guidelines for ethical practices concerning state and local pension plans. Respondent providers should be familiar with the provisions of this Act. The Act also encourages the Board to increase the racial, ethnic, and gender diversity of its fiduciaries, to the greatest extent feasible within the bounds of financial and fiduciary prudence. In furtherance of this Act, SURS will use its best efforts to increase the racial, ethnic, and gender diversity of its vendors/investment managers. Sections of the Illinois Procurement Code 1 concerning prohibitions of political contributions for vendors, 30 ILCS 500/50-37, may or may not apply to SURS investment managers or other service providers. However, each investment manager or service provider should be familiar with the provisions of this section and comply with this section if the investment manager or service provider deems it appropriate. 1 Note: While SURS is not subject to the Illinois Procurement Code generally (30 ILCS 500/ ), each responder should comply with any applicable sections of the Illinois Procurement Code. Page 6 of 14

7 Provisions of Illinois law (40 ILCS 5/ ) encourage certain public retirement funds and investments boards to increase: The utilization of emerging investment managers (with goals for specific asset classes for emerging managers that are minority-owned businesses, female-owned business, and businesses owned by a person with a disability; The racial, ethnic and gender diversity of its fiduciaries, including its consultants and senior staff; The utilization of business owned by minorities, females, and persons with disabilities for all contracts and services; The utilization of minority broker-dealers; and The utilization of minority investment funds 4. Diversity Disclosure Requirements Effective January 1, 2015 Section of the Illinois Pension Code prohibits certain public retirement systems, pension funds, and investment boards from awarding a contract, oral or written, for investment services, consulting services, or commitment to a private market fund, unless the investment advisor, consultant or private market fund first discloses: The number and percentage of its investment and senior staff who are: i) a minority person, ii) a female, and iii) a person with a disability; The number of contracts, oral or written, for investment services, consulting services, and professional and artistic services that the investment advisor, consultant, or private market fund has with i) a minority-owned business, ii) a female-owned business, or iii) a business owned by a person with a disability and; The number of contracts, oral or written, for investment services, consulting services, and professional and artistic services the investment advisor, consultant, or private market fund has with a business other than: i) a minority-owned business, ii) a female-owned business, or iii) a business owned by a person with a disability, if more than 50 percent of services performed pursuant to the contract are performed by i) a minority person, ii) a female, and iii) a person with a disability. Additionally, consultants seeking to do business must disclose: The total number of searches for investment services made by the consultant in the prior calendar year; The total number of searches for investment services made by the consultant in the prior calendar year that included (i) a minority owned business, (ii) a female owned business, or (iii) a business owned by a person with a disability; and; The total number of searches for investment services made by the consultant in the prior calendar year in which the consultant recommended for selection (i) a minority owned business, (ii) a female owned business, or (iii) a business owned by a person with a disability; and; The total number of searches for investment services made by the consultant in the prior calendar year that resulted in the selection of (i) a minority owned business, (ii) a female owned business, or (iii) a business owned by a person with a disability; and The total dollar amount of investment made in the previous calendar year with (i) a minority owned business, (ii) a female owned business, or (iii) a business owned by a person with a disability that was selected after a search for investment services performed by the consultant. All compensation and economic opportunity received in the last 24 months from investment advisors retained by the board of a retirement system, board of a pension fund, or investment board; and Any compensation or economic opportunity received in the last 24 months from an investment advisor that is recommended for selection by the consultant. Page 7 of 14

8 Each responder must disclose this information in Appendices B-1 & B-2. Failure to completely fill out this information may result in disqualification from consideration. If the information is not available, then please indicate 0 in the required fields. DO NOT LEAVE ANY FIELDS BLANK AND DO NOT ADD A QUALIFYING EXPLANIATION TO YOUR NUMERIC RESPONSE. Enumerated below are the specific items requested from respondent firms. 1. Letter of Transmittal: A letter of transmittal must be submitted on the responder s official letterhead. The letter must identify all documents provided collectively as a response to the RFP, and must be signed by an individual authorized to bind the responder contractually. An unsigned proposal will be rejected. The letter must also contain the following: Statement that the proposal is being made without fraud or collusion; that the responder has not offered or received any finder s fees, inducements or any other form of remuneration, monetary or non-monetary, from any individual or entity relating to the RFP; Statement that discloses any current business relationship or any current negotiations for prospective business with the Board or any SURS Board Members or SURS Staff; and Statement that the proposing firm has been in compliance with SURS Quiet Period Policy and Ex-Parte Communications Policy 2. Minimum Qualification Certification: The responder must complete the certification in Appendix A and provide all supporting documentation. 3. Diversity Disclosures (per Illinois Pension Code Section ): The responder must complete the required disclosures regarding staff and vendor diversity in the form provided in Appendix B-1 & B-2 4. Investment Consulting Services Questionnaire: The responder must complete the required questions in the order presented in Appendix C. 5. Fee Proposal: The responder must complete the fee proposal in Appendix D. Contract Negotiating and Awarding Although fees are a material element in selection, cost, is only one of several factors used to evaluate proposals. The successful bidder agrees that any resulting contract awarded under this RFP is subject to successful contract negotiations. If SURS and the successful bidder cannot reach an agreement on contract terms, a contract may not be awarded to said bidder. Services provided by the successful bidder must be performed in compliance with all applicable federal and state laws. The successful bidder agrees that it will accept contract terms in any contract awarded under this RFP that shall include the following: the contract be enforced, governed and construed in all respects in accordance with the laws of the State of Illinois to the extent such laws are not pre-empted by the laws of the Unites States of America; the successful bidder will bring any suit, action, claim or proceeding in, and will submit to (and consents and waives any objection to) the jurisdiction of the Illinois Court of Claims in connection with any claim asserted against SURS arising out of, or in connection with, any Agreement awarded under this RFP; the successful bidder will submit to (and consents and waives any objection to) the jurisdiction of each of the Sixth Judicial Circuit of Illinois, Champaign County, Urbana, Illinois and the United States District Court for the Central District of Illinois in Urbana, Illinois in respect of any suit, action, claim or proceeding brought by SURS arising out of, or in connection with, this Agreement; and the successful bidder agrees that SURS does not waive its claim to sovereign immunity by entering into an Agreement awarded under this RFP. Page 8 of 14

9 SECTION IV: SUBMISSION OF PROPOSAL AND SELECTION PROCESS 1. Schedule SURS reserves the right to alter the following schedule if necessary. If the schedule changes, the SURS representative, Douglas Wesley, will notify the affected responders via . In no event will the dates listed below be changed to earlier dates. Schedule Dates Quiet Period Begins October 19, 2017 RFP Issued October 30, 2017 Bidders Conference November 17, 2017 Deadline for Responder Questions November 24, 2017 Response to Questions December 1, 2017 RFP Responses due 4:30 p.m. CT December 22, 2017 Evaluations January 2018 Candidate Interviews Week of February 5, 2018 Selection March 8, Submission Process Deadline: To be considered for selection, proposals must be received via in Adobe Acrobat format by Doug Wesley at no later than 4:30 p.m. CT, December 22, Please reference the Defined Contribution Consultant Search RFP Response - Name of Responder in your communications. An confirmation will be sent confirming receipt of the proposal. Withdrawal and Modifications: A proposal may be withdrawn any time prior to the deadline by written notification signed by the individual applicant or authorized agent of the firm and received by Doug Wesley at invest@surs.org no later than the deadline of 4:30 p.m. CT, December 22, Please reference the Defined Contribution Consultant Search RFP Response - Name of Responder in your communications. An confirmation will be sent confirming withdrawal of the proposal. The proposal may be resubmitted with any modifications no later than the submission deadline. Modifications offered in any other manner will not be considered. Questions: An optional bidder s conference will take place on November 17, 2017 at 1:00pm CT to allow SURS to discuss current and anticipated needs in the defined contribution space and give respondents an initial opportunity to ask questions. Respondents may participate either by phone or in person. The call in number is: Number: (888) Passcode: Page 9 of 14

10 SURS address is: 1901 Fox Drive Champaign, IL In order to clarify any additional issues associated with this Request for Proposal, SURS will respond to questions that are presented in writing via to: Doug Wesley at All questions should be submitted to SURS by 4:30 p.m. CT, November 24, Please reference the Defined Contribution Consultant Search RFP Response - Name of Responder in your communications. These questions will be consolidated into a single Q&A document and responded to by SURS on, or about, Friday, December 1, The Q&A document will be posted on the SURS web site at without indicating the source of the query. SECTION V: ILLINOIS FREEDOM OF INFORMATION ACT DISCLOSURE, COMMUNICATIONS AND EVALUATION PROCESS Freedom of Information Act Disclosure: All materials submitted in response to the RFP become property of SURS. Proposals remain confidential during the selection process. However, upon completion of the selection process, all responses, including that of the individual or firm selected, will be a matter of public information and will be open to public inspection in accordance with the State of Illinois Freedom of Information Act (FOIA) 5 ILCS 140/1 et. seq. If, in response to this RFP, trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business responding to this RFP, such claim must be clearly made and such information must be clearly identified. (5 ILCS 140/7 and 7.5) Responses to this RFP with every page marked as proprietary, privileged or confidential will not satisfy this requirement. Bidders are required to make a good faith attempt to properly identify only those portions of the response that are truly furnished under a claim that they are proprietary, privileged or confidential and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business responding to this RFP. Redacted Version of RFP Response: In the event Responder believes certain materials in the submitted response are exempt from public disclosure, Responders are asked to provide a redacted version of the response it believes will be suitable for release under the Illinois Freedom of Information Act (5 ILCS 140/7 and 7.5) However, any claim of privilege from disclosure is not definitive. SURS has the right and legal obligation to determine whether such information is exempt form disclosure under the Illinois Freedom of Information Act and no information will be considered or determined by SURS to be proprietary, privileged or confidential unless it is identified and separated as indicated herein. (5 ILCS 140/7 and 7.5) Ordinary Course of Business Communications Allowed: Other than existing normal business matters, respondents, potential respondents, or their representatives should not contact anyone at SURS (including SURS staff, members of the SURS advisory committees Page 10 of 14

11 and members of the SURS Board) other than the investment team member assigned to the RFP as listed above. In addition, respondents must not discuss this RFP with any employee of SURS custodian, managers, legal counsel, or other advisors or persons/entities having contracts or other affiliations with SURS. SURS Quiet Period Policy: Please note the following Quiet Period Policy establishing guidelines by which the SURS Board of Trustees and SURS Staff will communicate with prospective service providers during a search process. The Quiet Period for this RFP began on October 19, The quiet period shall commence upon Committee action (or Board action if the selection is not initiated through a Committee) to authorize a search for a service provider and end once a selection has been made by the Board and accepted by the service provider; 2. Initiation, continuation and conclusion of the quiet period shall be publicly communicated via the SURS website ( to prevent inadvertent violations; 3. All Board members, and SURS staff not directly involved in the search process, shall refrain from communicating with potential service providers regarding any product or service related to the search offered by the provider throughout the quiet period and shall refrain from accepting meals, travel, hotel, or other value from the providers; 4. Throughout the quiet period, if any Board member or SURS staff member is contacted by a potential service provider, the Board member or SURS staff member shall refer the provider to the SURS staff member directly involved in the search process; 5. All authority related to the search process shall be exercised solely by the relevant Committee or Board as a whole, and not by individual Board Members; 6. All information related to the search process shall be communicated by SURS staff to the relevant Committee or Board as a whole, and not to individual Board Members; 7. The quiet period does not prevent Board approved due diligence, client conference attendance, or communications with an existing service provider that happens to be a provider in the ordinary course of services provided by such service provider; however, discussions related to the pending selection shall be avoided during those activities; 8. The provisions of this policy will apply to potential service providers throughout the quiet period and shall be communicated to providers in conjunction with any competitive proposal process; and 9. A potential service provider may be disqualified from a search process for a violation of this policy. Ex-Parte Communications: The State Officials and Employees Ethics Act (5 ILCS 430) provides that all ex parte communications concerning investment, rulemaking or quasi-adjudicatory matters pending before a state agency must be documented and some must be reported. An ex parte communication is any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning an investment, a rulemaking process, or a quasi-adjudicatory matter. An ex parte communication does not include statements publicly made in a public forum or communications among employees of the state agency. An ex parte communication from an interested party or his or her official representative or attorney to an employee or the agency must be memorialized and made a part of the record. An Page 11 of 14

12 interested party is a person or entity whose rights, privileges, or interests are the subject of or are directly affected by an investment, regulatory or quasi-adjudicatory matter. An ex parte communication other than that described above must be reported by the SURS staff member or Board Trustee immediately to the agency s Ethics Officer. The communication must be memorialized and made a part of the record. The communication must be filed with the Executive Ethics Commission, accompanied by a memorandum from the Ethics Officer. Rights Reserved: SURS reserves the right to amend any segment of the RFP prior to the announcement of a contractor. In such an event, all respondents will be afforded the opportunity to revise their proposals to accommodate the RFP amendment. SURS reserves the right to remove any or all of the services from consideration for this contract. At its discretion, SURS may issue a separate contract for any service or groups of services included in this RFP. SURS may negotiate additional provisions to the contract awarded pursuant to this RFP. SURS may request additional information from any or all bidders to assist in the evaluation of proposals, and SURS reserves the right to conduct background investigations of selected individuals or firms prior to awarding a contract under this RFP. SURS does not bear any obligation to complete the RFP process or to select any individual(s) or firm(s). SURS also reserves the right without prejudice to reject any or all proposals submitted. SURS will NOT reimburse any expenses incurred in responding to this RFP. Proposal Evaluation: All proposals received by deadline will be reviewed to determine whether they meet the requirements of this RFP. The primary factors that will be considered include, but will not necessarily be limited to: Organization Resources Experience Service Team Thought Leadership Commitment to Diversity Independence Fees Terms and Conditions: Following a review of submitted materials, selected individuals or firms must be prepared to make a presentation to the SURS Board of Trustees at a date and location to be determined by SURS. SURS will NOT provide reimbursement for any costs incurred by the individuals or firms associated with this presentation. Prior to the award of a contract pursuant to this RFP, selected individuals or firms must provide all requested documentation. Page 12 of 14

13 SECTION VI: DEFINITIONS AND APPENDICES Definitions Under Illinois Law: Link to Illinois Compiled Statutes: Link to Section Illinois Pension Code: Contract means all types of [State] agreements, regardless of what they may be called, for the procurement, use, or disposal of supplies, services, professional or artistic services, or construction or for leases of real property where the [State] is the lessee, or capital improvements, and including renewals, master contracts, contracts for financing through use of installment or lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders. Investment adviser, "investment advisor", or "investment manager" means, with respect to a pension fund or retirement system established under Illinois Code if the person: (1) is a fiduciary appointed by the board of trustees of the pension fund or retirement system in accordance with Section ; (2) has the power to manage, acquire, or dispose of any asset of the retirement system or pension fund; (3) has acknowledged in writing that he or she is a fiduciary with respect to the pension fund or retirement system; and (4) is at least one of the following: (i) registered as an investment adviser under the federal Investment Advisers Act of 1940 (15 U.S.C. 80b-1, et seq.); (ii) registered as an investment adviser under the Illinois Securities Law of 1953; (iii) a bank, as defined in the Investment Advisers Act of 1940; or (iv) an insurance company authorized to transact business in this State. Minority person means a person who is a citizen or lawful permanent resident of the United States and who is a member of a minority. Minority owned business means a business which is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51% of the stock in which is owned by one or more minority persons; and the management and daily business operations of which are controlled by one or more of the minority individuals who own it. Female owned business means a business which is at least 51% owned by one or more females, or, in the case of a corporation, at least 51% of the stock in which is owned by one or more females; and the management and daily business operations of which are controlled by one or more of the females who own it. Business owned by a person with a disability means a business that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability". Compensation means any money, thing of value, or economic benefit conferred on, or received by, a consultant in return for services rendered, or to be rendered, by himself, herself, or another. Page 13 of 14

14 Economic opportunity means any purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services wherein a consultant may gain an economic benefit. Page 14 of 14